Notification No.L-3(2)/Regln:Gen.,(Amdt.)/2011/CCI, dated 8-11-2011- In exercise of the powers conferred by section 64 of the Competition Act, 2002 (12 of 2003), the Competition Commission of India hereby makes the following regulations further to amend the Competition Commission of India (General) Regulations, 2009, namely:—
ACIT vs. Major Deepak Mehta (Chattisgarh High Court) – The Bombay High Court in Jet Airways (supra) observed that after issuing a notice under Section 148, the income which has initially formed a reason to believe that the income has escaped assessment, but as a matter of fact has not escaped assessment. The AO cannot proceed to assess some other income independently, however, it was observed that it is open for the AO to issue a fresh notice under Section 148 and proceed thereafter. The High Court of Delhi in Ranbaxy Laboratories Limited (supra), has taken the similar view.
The Government of India has reviewed the extant policy on FDI and decided as under: (i) FDI, up to 100%, under the automatic route, would continue to be permitted for greenfield investments in the pharmaceuticals sector. (ii) FDI, up to 100%, would be permitted for brownfield investments (i.e. investments in existing companies), in the pharmaceuticals sector, under the Government approval route.
DEPB on export of Cotton yarn including Melange yarn and Cotton which was withdrawn earlier has been restored by the above mentioned Public Notices. During that period as DEPB was not available on export of Cotton yarn including Melange yarn, the exporters have made their exports under Free Shipping Bills.
Message exchange between DGFT and Customs is operational only in respect of Advance Authorization (on and after 01.04.2009), Export Promotion Capital Goods (on and after 01.04.2009), Duty Free Import Authorization (on and after 13.10.2011) and DEPB (which is on EDI mode for almost 6 years). Only these authorizations are therefore available for ‘on-line’ verification.
Attention is invited to para 4.28 (ii) of HBP v.1 regarding regularization of bona fide default by the authorization holders. In case of any shortfall in value, authorization holder is required to deposit an amount equal to 1% shortfall in FOB value in Indian Rupee. Clarification has been sought on the exchange rate applicable for determination of shortfall in Export Obligation.
Interest earned on fixed deposits have an immediate nexus with the export business would be treated as income from business and interest earned on fixed deposits which does not have an immediate nexus with the export business, it would be treated as income from other sources. The court opined that when the interest was earned […]
Fashion Television India Pvt Ltd v/s fTV BVI (Delhi High Court) – The Court lays down important principle that an interim relief to enforce a negative covenant under a contract would be refused if the same would render a party to a contract idle unless it continues to perform the positive obligations under the contract. It was held that mere existence of a negative covenant is enough to persuade a court to grant an interim injunction to enforce it. Under Section 14 (1) (c) SRA a contract which is in its nature determinable cannot be specifically enforced.
CIT Vs. Asahi India Safety Glass Ltd (Delhi High Court)- Software is nothing but another word for computer programmes, i.e., instructions, that make the hardware work. Software is broadly of two types, i.e., the systems software, which is also known as the operating system which controls the working of the computer; while the other being applications such as word processing programs, spread sheets and data base which perform the tasks for which people use computers.
On Saturday, the Maharashtra Secretary of Bahujan Samaj Party (BSP), who is also a builder involved in the development of a Slum Rehabilitation Authority (SRA) project in Bhandup, was brutally attacked by his chartered accountant in his house. Shailesh Kamitkar, 35, a chartered accountant who helps the victim Ashok Chandrapal Singh, 45, with his finances, attacked the builder with a chopper. Singh is currently admitted in Bhandup’s SS Hospital’s intensive care unit with multiple wounds on his head, face and legs.
